Iowa Eviction Process

How to Evict a Tenant in Iowa

Step 1: Serving a Notice to Quit

Uniform Residential Landlord and Tenant Law states that the eviction process must begin with the landlord serving the eviction notice on the tenant. There are no exceptions to this requirement.

The landlord must take great lengths to serve this notice directly to the tenant or another adult at the residence. To allow delivery to others, the landlord should include the names of all adults living at the property as parties in possession on the notice.

Valid attempts to deliver the notice to quit include:

• Handing it directly to the tenant or another person over the age of 18 living at the property
• Sending via certified mail or another method where the tenant must sign for delivery
• Posting it on the door of the property plus sending the notice via regular mail

If the case goes to court, the landlord must retain the original copy of the notice with the tenant’s signature as proof of delivery.

Step 2: Waiting for the Tenant to Comply

When the option to cure or correct the issues at hand exists, the landlord must wait the full period, which may be three or seven days.

If the landlord must mail the notice, the deadline is extended by four days from the postmark to allow delivery time.

During the waiting period, if the tenant corrects the issue, such as paying the overdue rent, the eviction process ends. If the tenant does not fix the situation, the landlord can proceed with eviction.

For cases involving repeat lease violations or the tenant presenting a clear danger to others, there is no ability to cure, and the landlord will proceed with the eviction if the tenant does not move out.

The court may dismiss any lawsuit filed if the landlord does not wait the full required period. The landlord would then have to refile after the waiting period expires.

Step 3: Filing a Lawsuit

If a tenant does not leave the property after the notice period, the landlord can start an eviction lawsuit in small claims court in the property’s county. A $95 fee applies, and the process starts with obtaining a Forcible Entry and Detainer Notice for a court hearing date. The court schedules the hearing within 8 to 15 days of filing the petition.

Notice to the tenant must be given at least three days before the hearing, considering extra time for mail delivery. The landlord can use the sheriff’s department for notice delivery in some areas, like Floyd County.

Regardless of the method, proof of notice delivery must be filed with the court at least three days before the hearing.

Step 4: Attending the Hearing

Both parties must attend the eviction hearing. If the landlord fails to attend, the court will rule in favor of the tenant. The landlord has the burden of proof to show that the tenant violated the lease or that they have proper grounds to remove the tenant from the property.

The landlord should bring documentation to back up any claims, such as:

• Lease agreement
• Notices given to tenant
• Receipts of payment

If the tenant wins the case, they may get payment for their attorney fees from the landlord. Depending on the circumstances, the tenant may also get damages for issues caused by the landlord in an attempt to evict them.

If the court rules in favor of the landlord, the landlord must schedule the eviction. The court will also typically award the landlord any past due rent and other damages due to the breach of a lease. The tenant may also have to pay the landlord’s attorney fees. Both parties must file an appeal within 20 days of the final judgment.

Step 5: Securing the Writ of Removal and Possession

After winning the case, a landlord must file the judgment and request a Writ of Removal and Possession from the court clerk. This writ sets the eviction date and property possession but isn’t automatically given.

The landlord needs to arrange the eviction with the sheriff within 30 days of the writ’s issuance; otherwise, a new writ is required.

Eviction service fees vary by county; for example, Scott County charges $100, while Worth and Linn Counties charge $30 plus mileage, with Linn also charging an additional standby fee. The eviction is scheduled on a weekday before 5 PM, and a notice is posted on the property.

Step 6: Completing the Eviction

On eviction day, the landlord must check if tenants have left an hour before the scheduled eviction and inform the sheriff if their presence is unnecessary. The landlord has two hours to remove the tenants and their belongings, with the responsibility to arrange for help and equipment; failure to do so may postpone the eviction by three weekdays.

Severe weather, but not mild conditions, may also cause a reschedule. Evictions can only be canceled by a court order or the landlord. Refusing tenants can be arrested for trespassing. Following eviction, the landlord can change the locks.

Eviction Reasons

The eviction process can occur when the tenant breaks the lease agreement or the landlord needs tenants to leave a property for a valid reason. It is the legal process a landlord can use to get a tenant out of a property when they otherwise refuse to leave.

Landlords must follow all fair housing laws and have a legitimate reason to evict tenants. For example, they can evict tenants for not paying rent, but they cannot evict them for having too many children or receiving public assistance. Landlords also cannot evict a tenant for reporting health and safety issues or calling for emergency assistance due to being a victim of crime or for a medical emergency.

In general, there are two categories of evictions: at-fault and no-fault.

At-Fault Evictions

An at-fault eviction involves the tenant breaking a term of the lease agreement. Common issues that may trigger an eviction include:

• Non-payment of rent
• Creating a dangerous situation
• Engaging in illegal activities
• A lease violation
• Refusal to leave after the lease expires

The law requires the tenant to be served with an eviction notice for all evictions. This notice should explain the reason for the eviction and may give the tenant options to fix the situation or stop the process.

1. For Non-Payment

Overview:

• Used for failure to pay rent according to the terms of the lease or refusal to leave at the end of the lease term, or when the tenant presents a danger to others’ health or safety, causes a disturbance to others, or engages in illegal activities
• The notice gives the tenant three days to pay the overdue amount, fix the situation, or move out (Iowa Code Section 562A.27(2))
• For situations where the tenant poses a danger to others, the notice does not allow for a remedy and serves as a final notice to vacate within three days (Iowa Code Section 562A.27A)
• The deadline includes business days only, excluding weekends and holidays

2. For Non-Compliance

Overview:

• Used for violations of the lease agreement terms
• Notice provides seven days to fix the issue upon the first violation to stop eviction
• Repeat violations have no remedy period available, and this serves as notice to leave the property within seven days (Iowa Code Section 562A.27(1))
• The deadline does not include weekends or holidays

No-Fault Evictions

State law does not allow for evictions without a justifiable reason. If a tenant has a lease, the landlord is bound by the law to honor that agreement unless there is a breach of terms.

Tenants have the right to live out a full lease without the landlord trying to remove them. When ending a lease, the landlord must provide a 30-day written notice. The notice period must give an entire rental period. For example, if the landlord wishes to end an agreement on August 1, they must provide a notice by June 30. If the lease is week-to-week, the full rental period would be seven days.

1. Lease Termination Letter

Overview:

• Used for no-fault lease terminations
• Formally informs tenants the lease will not be renewed, requiring them to vacate.
• Must cover a full rental period; 30 days notice for month-to-month leases.
• Ensures tenants have adequate time to find new accommodation

Eviction Timeline

Tenant Rights in Iowa

Landlords have the burden of proving all claims in an eviction lawsuit. The tenant may also provide evidence to counter any claims the landlord makes during the hearing.

The landlord is also responsible for providing proper notices to the tenant throughout the process. Failure to do so could result in the case being dismissed, but the landlord can refile.

Self-Help Evictions

A self-help eviction is not legal in Iowa. Landlords cannot remove a tenant from a property without a court order. This includes changing the locks or attempting to shut off utilities to force the tenant out.

If the landlord attempts an illegal eviction, the tenant can sue for damages and repossession of the rental unit.

Abandoned Property

If the tenant has property remaining after eviction, the landlord has no obligation to store or protect it. However, the law does place some liability on the landlord if there is damage to property in their possession.

Resources

• Iowa Legal Aid – Provides access to legal information and assistance
• People’s Law Library – Offers legal resources and information
• Tenant Resource Center – A nonprofit organization providing assistance and information about housing laws
• Iowa State Bar Association – A referral service to find attorneys
• Iowa Legal Aid Foundation – A nonprofit organization that provides legal information and services
• US Department of Housing and Urban Development – A resource for housing laws in Iowa